All owners and operators shall comply with the following general conditions and any other conditions specified by the Chief of Police:
(A) Except to the extent required, in writing, by a state-licensed medical practitioner, no massage practitioner or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage establishment allow or permit such a massage to the above specified areas. A massage shall not be given and no patron shall be in the presence of a massage practitioner, operator, manager or other employee of a massage establishment unless the patron's genitals, gluteal fold, anus, and, if a female patron, the female patron's breasts, are fully covered by a non-transparent covering.
(B) No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his or her permit.
(C) All massage establishments required to be licensed under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Chief of Police designating the person or persons with power to act as a manager. The operator and/or on duty manager shall post, on a daily basis, the name and photograph (a minimum size of 4 inches x 6 inches of each on-duty manager and each on-duty practitioner in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter.
(D) The operator's permit shall be displayed in a conspicuous public place in the lobby of the massage establishment.
(E) The hours of operation must be posted in the front window and clearly visible from the outside.
(F) No massage establishment required to be licensed under this chapter shall open for business without having at least one massage practitioner who holds a current valid massage practitioner's permit for that specific massage establishment. There shall be at least one massage practitioner who holds a current valid massage practitioner's permit on the premises, and on duty, at all times when the establishment is open.
(G) The operator and/or manager shall ensure that the massage practitioner permit for each on-duty massage practitioner is conspicuously displayed in a public place in the lobby and that each massage practitioner is wearing the identification required by § 118.19(B) at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand.
(H) The operator and/or manager shall ensure that all employees are provided with an identification card that states, at a minimum, the employee's first name and title and/or position.
(I) An operator and/or manager shall be responsible for the conduct of all massage practitioners and employees while they are on the massage establishment premises. Any act or omission of any massage practitioner, employee or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator or manager for purposes of determining whether the operator's license shall be revoked, suspended, denied or renewed.
(J) No operator and/or manager shall employ any person as a massage practitioner who does not have a valid massage practitioner permit issued pursuant to this chapter. Every operator or manager shall report to the Chief of Police any change of massage practitioner or employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the massage practitioner or employee and the date of hire or termination. The report shall be made within five calendar days of the date of hire or termination. The operator or manager shall deliver notice of the termination of any massage practitioner or employee no longer employed by the operator or manager to the Chief of Police within five calendar days of termination.
(K) All persons, whether massage practitioner or employee, employed in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering from at least the mid-thigh to at least three inches below the collarbone. Massage practitioners shall wear fully buttoned or otherwise fully fastened opaque smocks over street clothing while performing massage services or shall wear employee uniforms that, at a minimum, meet the street clothing specifications set forth in this section and which are approved by the Chief of Police.
(L) The operator and/or manager shall maintain a register of all massage practitioner and employees. The employee register shall be maintained on the premises for a minimum period of two years following a massage practitioner or employee's termination. The operator and/or manager shall make the employee register immediately available for inspection upon demand of a representative of the police department at all reasonable times. The employee register shall include, but not be limited to the following information:
(1) The name, nicknames and/or aliases used by an massage practitioner or employee.
(2) The massage practitioner or employees home address and relevant phone numbers (including, but not limited to home, cellular and pager numbers).
(3) The massage practitioner or employee's age, date of birth, gender, height, weight, color of hair and eyes.
(4) The massage practitioner or employee's social security number.
(5) The date of employment and termination, if any.
(6) The duties of each massage practitioner or employee.
(M) The operator and/or manager shall ensure that all massage practitioner's are wearing their police issued identification cards and that all employees are wearing their employer issued identification cards at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage practitioner changes his or her business address, he or she shall, prior to such change, obtain from the Chief of Police a new photo identification card and advise the police department, in writing, of the new business address.
(N) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.
(O) At all times, the operator, manager, massage practitioner and employees shall comply with all provisions of this chapter and any applicable provisions of this code.
(P) Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the city clerk, in full force and effect at all times, a policy of insurance issued by an insurance company authorized to do business in the state evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of $1,000,000 for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage.
(Ord. 1233, passed 5-4-04)